Common use of Payments by Borrowers; Presumptions by Agent Clause in Contracts

Payments by Borrowers; Presumptions by Agent. Unless the Agent shall have received notice from the applicable Borrower prior to the date on which any payment is due to the Agent for the account of the Lenders hereunder that such Borrower will not make such payment, the Agent may assume that such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the appropriate Lenders the amount due. In such event, if such Borrower has not in fact made such payment, then each of the applicable Lenders severally agrees to repay to the Agent forthwith on demand the amount so distributed to such Lender, in Same Day Funds with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Agent, at the Overnight Rate. A notice of the Agent to any Lender or a Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Agent. Unless the Agent shall have received notice from the applicable Lead Borrower prior to the date on time at which any payment is due to the Agent for the account of any of the Lenders hereunder that such Borrower the Borrowers will not make such payment, the Agent may assume that such Borrower has the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the appropriate Lenders the amount due. In such event, if such Borrower has the Borrowers have not in fact made such payment, then each of the applicable Lenders severally agrees to repay to the Agent forthwith on demand the amount so distributed to such Lender, in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Agent, at the Overnight Rateinterest rate applicable to Term Loans. A notice of the Agent to any Lender or a the Lead Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Agent. Unless the Agent shall have received notice from the applicable Lead Borrower prior to the date on time at which any payment is due to the Agent for the account of any of the Lenders hereunder that such Borrower the Borrowers will not make such payment, the Agent may assume that such Borrower has the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the appropriate Lenders the amount due. In such event, if such Borrower has the Borrowers have not in fact made such payment, then each of the applicable Lenders severally agrees to repay to the Agent forthwith on demand the amount so distributed to such Lender, in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Agent, at the Overnight Rategreater of the Federal Funds Rate and the costs thereof to Borrowers under the terms of this Agreement as determined by Agent. A notice of the Agent to any Lender or a the Lead Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Agent. Unless the Agent shall have received notice from the applicable Lead Borrower prior to the date on time at which any payment is due to the Agent for the account of the Lenders hereunder that such Borrower the Borrowers will not make such payment, the Agent may assume that such Borrower has the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the appropriate Lenders the amount due. In such event, if such Borrower has the Borrowers have not in fact made such payment, then each of the applicable Lenders severally agrees to repay to the Agent forthwith on demand the amount so distributed to such Lender, Lender in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. A notice of the Agent to any Lender or a the Lead Borrower with respect to any amount owing under this subsection subsections (b) and (c) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Agent. Unless the Agent shall have received notice from the applicable any Borrower prior to the date on which any payment is due to the Agent for the account of the Lenders hereunder that such Borrower Borrowers will not make such payment, the Agent may assume that such Borrower has Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the appropriate Lenders the amount due. In such event, if such Borrower has Borrowers have not in fact made such payment, then each of the applicable Lenders Lender severally agrees to repay to the Agent forthwith on demand the amount so distributed to such Lender, Lender in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation. A notice of the Agent to any Lender or a Borrower Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Agent. Unless the Agent shall have received notice from the applicable a Borrower prior to the date on which any payment is due to the Agent for the account of any of the Lenders hereunder that such Borrower will not make such payment, the Agent may assume that such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the appropriate Lenders Lenders, as the case may be, the amount due. In such event, if such Borrower has not in fact made such payment, then each of the applicable Lenders Lenders, as the case may be, severally agrees to repay to the Agent forthwith on demand the amount so distributed to such Lender, in Same Day Funds with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Agent, at the Overnight Rate. A notice of the Agent to any Lender or a Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Agent. Unless the Agent shall have received notice from the applicable Lead Borrower prior to the date on time at which any payment is due to the Agent for the account of the Lenders hereunder that such Borrower the Borrowers will not make such payment, the Agent may assume that such Borrower has the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the appropriate Lenders the amount due. In such event, if such Borrower has the Borrowers have not in fact made such payment, then each of the applicable Lenders severally agrees to repay to the Agent forthwith on demand the amount so distributed to such Lender, in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Agent, Agent at the Overnight Rategreater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. A notice of the Agent to any Lender or a the Lead Borrower with respect to any amount owing under this subsection (bSection 2.07(b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Agent. Unless the Agent shall have received notice from the applicable Lead Borrower prior to the date on time at which any payment is due to the Agent for the account of the Lenders hereunder that such Borrower the Borrowers will not make such payment, the Agent may assume that such Borrower has the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the appropriate Lenders the amount due. In such event, if such Borrower has the Borrowers have not in fact made such payment, then each of the applicable Lenders severally agrees to repay to the Agent forthwith on demand the amount so distributed to such Lender, in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. A notice of the Agent to any Lender or a the Lead Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest actual error.

Payments by Borrowers; Presumptions by Agent. Unless the Agent shall have received notice from the applicable Lead Borrower prior to the date on time at which any payment is due to the Agent for the account of the Lenders hereunder that such Borrower the Borrowers will not make such payment, the Agent may assume that such Borrower has the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the appropriate Lenders the amount due. In such event, if such Borrower has the Borrowers have not in fact made such payment, then each of the applicable Lenders severally agrees to repay to the Agent forthwith on demand the amount so distributed to such Lender, in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. A notice of the Agent to any Lender or a the Lead Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.